The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 to regulate telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It also is the authority to create the National Do-Not-Call (DNC) List. The Federal Communications Commission (“FCC”) is empowered to issue rules and regulations implementing the TCPA. The Act was designed to safeguard consumer privacy by restricting companies from engaging in unwanted telemarketing communications practices and over time, the FCC interpreted the TCPA to also cover text-based telemarketing or telesales.
Telephone Consumer Protection Act (TCPA) Compliance
FCC, FTC and TCPA Compliance FAQ
What is The Telephone Consumer Protection Act (TCPA)?
How does Convoso help my business stay compliant?
Convoso enables businesses to stay within compliance through a wide variety of software tools. The platform is designed to easily manage leads and communications down to the second so that clients are in complete control of their leads and marketing efforts. Successfully navigating the world of telemarketing and its regulations is challenging without the right technology solution. Through its platform, Convoso enables efficiencies across calls, emails, texts and more, without the high risk of damaging the reputation of a business and its leaders or undergoing class action lawsuits. Convoso’s in-house team of experts and powerful solution provide safeguards that guide users through best practices to ensure complete confidence in the communication that happens through the system.
Convoso’s Tools for Compliance
There is a right way and wrong way to use telecommunications. Convoso provides quick and easy-to-use tools to help your business stay compliant.
Upload DNC Lists
Easily upload your list of DNC numbers into your contact database and ensure any new lists that you upload onto our system are automatically scrubbed to remove and restrict calls to the records on your DNC list. *Disclaimer: Convoso does not provide the database of DNC numbers.
Cell Phone and Landline Scrubbing
The TCPA requires call centers operating automatic dialers to get consent from the person being called from that dialer. If you don’t have consent, simply scrub your list against our database to extract cell phone numbers from your call lists. *Disclaimer: Convoso does not provide a 100% guarantee of accuracy in detecting all cell phone numbers.
Custom Call Times
Every state has different laws that regulate the hours in which a telemarketing or telesales calls can be placed. Convoso’s system comes with pre-defined rules for all states that can be easily set to automatically stop calling during their specified hours.
Call Recordings and Call Logs
Review calls to ensure your operation is staying compliant. Easily access or get recorded calls sent to you via FTP push or locate a call log to review calls for any issues with compliance.
Common Compliance Resources and Directories
Do Not Call lists, telemarketers, Call Centers and ADAD laws, rules and regulations are regulated and set by multiple government organizations (not one sole entity). Familiarizing yourself and your business with these government bodies is important to and feel free to call them to get clarification and ask questions. They also want you to stay compliant and are very helpful.
Official Government Do Not Call regulatory sites
Difference between State vs. Federal DNC laws
There are certain states that have merged their do-not-call programs with the federal DNC lists and information. However, the remaining states maintain separate do not call lists that pertain specifically to that state. Those states that manage and regulate their own states have registrants who may or may not be shared/have duplicate information with the federal list. It’s important that you review each individual state’s’ law where you’ll be calling prior to running your campaign.
Additional compliance resources
There are many compliance assistance organizations and lawyers that specialize in helping businesses with avoiding and managing issues with telecommunications compliance. These specialized advisors have hands-on experience in dealing with industry and government authorities and are familiar with a wide range of U.S compliance laws and regulations. They will be beneficial to helping companies ensure they are always prepared to avoid compliance by providing tools to help your form stay fully compliant.